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Hospital associations back health care law

Posted On: Mar. 8, 2011 12:00 AM CST

RICHMOND, Va.—Six major hospital associations have filed an amicus brief in support of the federal government in the case brought by the state of Virginia to repeal the health care reform law.

The reform law's mandate that all Americans carry health insurance is lawful because, whether they purchase health insurance or not, everyone participates in the health care system, argue the American Hospital Assn., National Assn. of Public Hospitals and Health Systems, the Assn. of American Medical Colleges, Catholic Health Assn. of the United States, Federation of American Hospitals and National Assn. of Children's Hospitals.

“By forgoing health insurance, individuals simply shift the burden of their health care payments to others,” the hospital groups wrote in the brief. “The health care market is unique in this respect.”

In December, a federal judge agreed with Virginia Attorney General Ken Cuccinelli in finding the insurance mandate in the health reform law unconstitutional. The case is now on appeal.

Along with the hospital groups, the main lobbying group for insurers, America’s Health Insurance Plans, also defended the individual mandate, in a separate brief filed with the court.

“Market reforms that are not coupled with an individual mandate are likely to lead to disruption and instability in the health insurance market,” AHIP wrote in its brief in support of neither party.

Rebecca Vesely is a reporter for Modern Healthcare, a sister publication of Business Insurance.